5.3. SR 06-21-2010 - Laserfiche WebLink

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Case File: CU 10-08 ERL CUP Page 3 City of Elk River Because the Landfill's then existing CUP and SWFL expired on February 17, 2010, the Landfill applied on December 28, 2009 for an amendment to the CUP and SWFL which would allow operation of the Landfill to continue beyond February 17, 2010. This application was approved by the City Council on February 16, 2010. Copies of the staff report, the City Council Resolution and the existing CUP and SWFL, as amended on February 16, 2010, are attached for the City Council's reference. At~~lication to Keryone to S1~F and Ike-nuide to `2,andfill" In the course of the litigation, it came to the attention of City staff that due to confusing and possibly conflicting legal descriptions for the Landfill property, it appeared possible that not all of the Landfill's existing property was zoned into the City-'s Solid Taste Facilities (SWF) Overlay Zoning District. Therefore, the City initiated a zoning of the entire Landfill property with a new, simplified legal description into the SWF District. C-n April 19, 2010, the City Council adopted an ordinance implementing this zoning. A copy of the staff report and the Ordinance are attached for the CitST Council's reference. During the process of zoning the Landfill property into the SWF District, it came to the attention of staff that the Land Use Map element of the City's 2004 Comprehensive Plan did not designate the entire Landfill property as "Landfill". Therefore, the City initiated an amendment of the Land L'se Map, which will be before the City Council on May 17, 2010. A copy of the staff report and proposed City Council resolution adopting this amendment to the Comprehensive Plan are attached for the City Council's reference. Solid i~aste Facilities Ordisaasace Amendment In the course of the litigation, the Landfill took the position that the City's SWF Ordinance is ambiguous and that required buffer areas and buffer zones are not required to be located in the SWF Overlay Zoning District, despite the fact that this is how the Ordinance has been interpreted and applied for 22 years. To address the intent of the SWF Ordinance, staff proposed and the City Council adopted amendments to Chapters 30 and 58 of the City Code to reaffirm that required buffer areas and buffer zones for Solid Waste Facilities must be located within the SWF Overlay Zoning District. A copy of the staff report and the ordinance adopted by the City Council on March 16, 2010 are attached for the City Council's reference. The PresentAt~t~lication to expand the Land~ill into the E.~~zsting 200~oot Bu~fer Zone In the course of the litigation in District Court the Landfill has taken the position that its prior application to expand the Landfill by 109 acres entitled it to an amendment of its existing Conditional Use Permit allowing it to expand the area in which solid waste is deposited into the 200- foot buffer zone on its southern boundary. This position was taken in the litigation notwithstanding the fact that the Landfill never applied to deposit fill in this area as part of a smaller expansion, nor did it submit any plans showing how this could be done. Judge Varco has yet to rule on this theory. In the meantime, the Landfill filed the present application to amend the existing Conditional Use Permit and Solid Waste Facilities License to allow the deposit of solid waste in the existing 200-foot buffer area on the southern edge of its property. This is the application before the City Council. Z:\CommunityDevelopment\Planning Main\Case Files\CUP\CU 10-08 Waste Managemern\Staff report to CGCU 10-08 - peter.doc